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Home My WebLink About#6519-variances-2015CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO AXi 12 A RESOLUTION GRANTING SETBACK VARIANCES FROM ORONO MUNICIPAL CODE SECTIONS 78-1279 AND DENYING VARIANCE FROM ORONO MUNICIPAL CODE SECTIONS 78-1279 and 78-1680 FILE NO. 15-3738 WHEREAS, John Bowlsby and Cyndy Bowlsby, a married couple, (hereinafter "Applicants") are the owners of the property located at 1025 Spring Hill Road within the City of Orono (hereinafter "City") and legally described as attached in Exhibit A (hereinafter "the Property"); and WHEREAS, the Applicants have made application to the City for a variance from Orono City Code Section 78-1279 to permit construction of additions and modifications to the home, and an in -ground pool ahead of the average lakeshore setback line; and WHEREAS, the Applicants have made application to the City for variances from Orono City Code Section 78-1279 to permit construction of an addition toward the lake on the east side of the home 84 feet from the OHWL; and an in -ground pool 60 feet from the OHWL where a 100 -foot setback is required; and WHEREAS, the Applicants have made application to the City for a variance from Orono City Code Section 78-1680 to permit construction of in -ground pool consisting of hardcover and structure within 60 feet of the OHWL where structure and hardcover are not permitted within 75 feet of the OHWL; WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on May 18, 2015, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. WHEREAS, The Planning Commission reviewed this application on May 18, 2015, the Planning Commission voted to recommend approval of the lake setback and average lakeshore setback to permit the additions and modifications to the lake side of the home; and to deny the average lakeshore setback, lake setback and hardcover variances relating to the proposed pool. This motion passed with a 5 to 0 vote. Page 1 of 6 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. d5?9 WHEREAS, on May 18, 2015, the Planning Commission's recommendations were based on the following findings. PLANNING COMMISSION FINDINGS Regarding the additions and modifications to the existing home: 1) The proposed one—story additions or modifications to the home will be low profile, will not be visible from the lake, and will not adversely impact existing lake views enjoyed by adjacent lakeshore properties. 2) The variance to allow additions and modifications to the home within the 100 foot lake setback will alleviate a practical difficulty inherent to the location of the existing home on the Property and not created by the Applicants. 3) The Applicants' proposal to construct additions and make modifications to the existing home results in 28,909 square feet of hardcover or 11.1% where 25% is the maximum permitted by code; the Property exceeds 2.0 acres therefore structural coverage limitations do not apply. 4) The proposed additions to the home are not out of character with the neighborhood and will meet side and rear setbacks. Regarding the in -ground pool: 5) The variance to place hardcover and structure within the 75 -foot setback limits opportunity for stormwater infiltration and is not in harmony with the general intent and purpose of the Ordinance. 6) The variance to construct an in -ground pool consisting of structure and hardcover within 75 feet of the OHWL is inconsistent with the comprehensive plan. 7) The applicant has not established that there are practical difficulties. 8) The variance to allow an in -ground pool to be constructed within 75 -feet of the OHWL is inconsistent with the majority of the large lot properties in Orono on Long Lake and will alter the essential character of the locality. 9) The Applicants have sufficient alternate locations to on the Property to construct a conforming in -ground pool; the granting of the variance to permit an in -ground pool to be constructed within the 75 -foot setback is not necessary for the preservation and enjoyment of a substantial property right of the Applicants. Page 2 of 6 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 10) The granting of the proposed variance will be contrary to the intent of this chapter which prohibits structure and hardcover within 75 feet of lakes. 11) Because there are alternate locations to construct a pool which meets setbacks, the granting of such variance will merely serve as a convenience to the Applicants. 12) The Applicants' request to construct an in -ground pool within the 75 -foot lake setback will alter the essential character of the neighborhood. 13) The Applicants' proposal to construct an in -ground pool within 75 feet of the lake will limit the stormwater infiltration opportunities with 75 feet of the lake and will result in negative impact on the lake and on adjacent properties. 14)The Applicants' request to construct an in -ground pool is not is in harmony with the purpose and intent of the ordinance. WHEREAS, the City Council considered this application at two meetings on June 8 and June 22, 2014 including the findings and recommendations of the Planning Commission, reports by City staff, comments by the Applicants and the public, and the effect of the proposed variances on the health, safety and welfare of the community as well as the impact on properties in the vicinity; and WHEREAS, the City Council on June 22, 2015 made the following additional findings with regard to the application: CITY COUNCIL FINDINGS 1) This application was reviewed as Zoning File #15-3738. 2) The Property is located in the LR -1A zoning district, where 2.0 acres is the minimum lot area and 200 feet is the minimum lot width. The Property has approximately 258,818 square feet (5.94 acres) in area and has over 680 feet in width at the OHWL and over 700 feet at the 100 foot setback. 3) The Property is located in Tier 1 of Orono's Stormwater Quality Overlay District and is limited to 25% hardcover based on gross lot area. 4) The lake setback and average lakeshore setback variances to allow construction of the additions and modifications to the existing footprint of the home within the 100 -foot lake setback and within the average lakeshore setback will alleviate a practical difficulty inherent to the location and orientation of the home on the Property and was not created by the Applicants. Page 3 of 6 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 5) Regarding the lake and average lakeshore setback variances for the additions and modifications to the home, the Applicants' request is in harmony with the purpose and intent of the ordinance. 6) Regarding the lake and average lakeshore setback variances for the additions and modifications to the home, the Applicants' proposal is consistent with the comprehensive plan. 7) The City Council finds that the conditions existing on this Properly are peculiar to it and do not apply generally to other property in this zoning district; that granting the average lakeshore and lake setback variances for the additions and modifications to the home would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the Applicants, but is necessary to alleviate a practical difficulty; is necessary to preserve a substantial property right of the Applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 8) With regards to the in -ground pool, granting of a variance for the proposed in -ground pool to permit additional hardcover within 75 -feet of the OHWL is inconsistent with the goals and policies contained within the 2000-2030 Orono Community Management Pian. 9) The additional hardcover within the 0-75 foot setback resulting from the proposed in - ground pool may alter the essential character of the neighborhood and would be inconsistent with the intent of the zoning code. 10) With regards to the proposed in -ground pool, the City Council finds that granting the setback hardcover variances would merely serve as a convenience to the Applicants, and that no practical difficulty exists to support these variances; approval of these variances is not necessary to preserve a substantial property right of the Applicants; and approval of these variances would not be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby grants a variance from Orono Municipal Zoning Code Section 78-1279 to permit construction of additions and modifications to the existing home 84 feet feet from the OHWL; and a variance from Orono City Code Section 78-1279 to permit construction the proposed modfications and additions ahead of the average lakeshore setbacl( line; and FURTHER, BE IT RESOLVED that the City Council hereby denies a variance from Orono City Code Section 78-1279 to permit construction of an in -ground pool ahead of the average lakeshore setback line in the location proposed; denies a variance from City Code Section 78-1279 to permit construction of an in -ground pool 60 feet from the OHWL where a 100 -foot structural setback is required; and denies a variance from City Code Section 78 - Page 4 of 6 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6519 1680 to permit hardcover in the amount of 1,141 square feet within the 0 to 75 -foot zone where 471 square feet currently exists, an increase of 670 square feet, where no hardcover is permitted for the in -ground pool. CONCLUSIONS, ORDER AND CONDITIONS The approvals for the additions and modifications to the home stated above are subject to the following conditions: a) Council approval is based on the survey and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits B & C. Any amendments to these plans may require further Planning Commission and City Council review. b) Hardcover within the 0 to 75 foot zone shall not increase above the existing level of 471 square feet and hardcover on the Property must not increase above 25% as permitted in Tier 1. Any changes to the plans or the Property which result in an increase in hardcover above the existing or allowed levels are not approved as part of this variance request. c) Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the variances will expire on that date (June 22, 2016). d) Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall - automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. e) The undersigned Applicants have read, understood and hereby agree to the terms of this resolution and on behalf of their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the Property. Adopted by the Orono City Council on this 22"d day of June, 2015. Page 5 of 6 ATTEST: iegs, City Clerk Properly Ow STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO._ 6519 Lili Tod McMillan, Mayor V•h This instrument was acknowledged before me this day of al 1-2 by John Bowlsby, husband of Cyndy Bowlsby. A E M GELLERUBUC•MINNESOTA Notary public SION EXPIRES 01131120 STATE OF MINNESOTA COUNTY OF HENNEPPIN This instrument was acknowledged before me this2eday ofth 1� by Cyndy Bowlsby, wife of John Bowlsby. #;DIANEMGELLER RYPUBLiC•MINNrTA Notary Public MISSION EXPIRES 0113 f/0 Page 6 of 6 = V 0) . �(D0(A c0K-t°cn a o4)ov,= Krr_.c�o Q 5 a pca0cr 0 � �, Q m84)5� 9 CD CL a rA) � � �. Or C�CD (D -h 3 CL(D Or =DQo to cr °=o rn CD c- " V a 0) 0 CD M" (ID (ID (D cD V �.a aaO C � a! CL. CL �r O =r h tD m ((D ENS CA 3 0 Q =rm ,; ° cro c c�D > C tDU. CD CLO m . QN0 _=0 � [I) 0) cD _. 3 s1 0 ;z jp.3"0 0 *mom W ',�O 4< r �O kcLg=r 0 ,a �! 3 r, �' I ! m so m aCD 0 w 1. o, cD --t 7c0 .- U) o_ Q C ocm3� , `' 0m ca .o ca CD '00 60 SCD (D 7 W cr 3 .k CLfla Q ib ? C Q W cro to 00 �a D p ? Qr, m r- N +C CL to to W %0 Resolution Exhibit A 6519 r z J Resolution 65 19 Exhibit B I .1 V� i 1 r . 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M E. . . � 4 STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing is the original document approvec�;by the Orono City Council on June 22 2015, thereof on file in my office, and the same is�a coi�rect . transcription thereof. ;;r ,�,,� ' � ��/v4��+ttl WITNESS my hand officially as such City Clerk and t�e cF`r �at�.s�f�e� ty this 1 St day of December 2015. ^I�� ' ' 'w'�� ) ;: ^i+ �• ,�� ✓� e „r fl - �i �j •�,,�� e �.� '�.... . l s Lj .*��t . •� • � � . . . � � �i � ', f • � e TiEgs �i�y � ,�•,:�, � �4 ;,,: ;> � � , ¢+y�k�t�,'K�4oA��4r.:.. `��' � � .. �'.$,!4!a.\8R`''�� . . � ,, � � _ /o �� -�I'�� e ��__ , Doc No A10267460 Certified, filed and/or recorded on Dec 9, 2015 10:00 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 97 Pkg ID 1330743M Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document.